Enforcement.

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(1) The commission or its designee shall enforce this article.

  1. Whenever the commission or its designee has reasonable cause to believe a violationof any provision of this article or any rule promulgated pursuant to this article has occurred and immediate enforcement is deemed necessary, the commission or its designee may issue an order requiring a person to cease and desist from such violation. Such cease-and-desist order shall set forth the provisions alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all actions cease immediately. At any time after service of the order to cease and desist, the person may request a prompt hearing to determine whether or not such violation has occurred. Such hearing shall be conducted in accordance with article 4 of title 24, C.R.S., and shall be determined promptly.

  2. Whenever the commission or its designee possesses satisfactory evidence that anyperson has engaged or is about to engage in any act or practice constituting a violation of any provision of this article or of any rule adopted under this article, the commission or its designee may apply to a court of competent jurisdiction to temporarily or permanently restrain or enjoin the act or practice in question and to enforce compliance with this article or any rule or order under this article. In any such action, the commission or its designee shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. Under no circumstances shall the court require the commission or its designee to post a bond.

Source: L. 2005: Entire article R&RE, p. 459, § 1, effective December 1.

Editor's note: This section is similar to former § 35-50-145.2 as it existed prior to 2005, and the former § 35-50-117 was relocated to § 35-50-104.


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